Utterback v. Meeker

Citations

• 16 Wash. 185
• 47 P. 428
• 1896 Wash. LEXIS 32

Syllabus

<p>APPEAL—ACCEPTANCE OP RESULTS OP DECREE — ESTOPPEL — IMPROPER JOINDER OP CAUSES OP ACTION.</p> <p>The failure of appellants to object to the action of their co-defendants, in receiving money tendered by plaintiffs pursuant to the decree of the court, will not estop them from prosecuting theirappeal, when the payment and acceptance of said money does not put an end to the controversy between the parties to the appeal.</p> <p>An action to remove a cloud upon the titles of plaintiffs to their respective pieces of land, caused by a mortgage upon the whole of said land held by certain of the defendants, and also to restrain defendants from fencing up certain alleged public streets and alleys, cannot be maintained jointly by parties claiming under separate and distinct contracts and deeds embracing separate and distinct parcels of land purchased at different dates and in different additions, some of which had been laid out subsequent to the sales of lots in the prior platted additions.</p>